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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, NAWNEET KUMAR
Sanni Kumar @ Sanny Kumar, Son of Rajesh Paswan – Appellant
Versus
State of Bihar Bihar – Respondent
JUDGMENT :
(ASHUTOSH KUMAR, J.)
We have heard Ms. Vaishnavi Singh, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.
2. The sole appellant stands convicted under Section 4 (2) of the POCSO Act, 2012 and Section 376(3) of the INDIAN PENAL CODE vide judgment dated 27.06.2024 passed by learned ADJ-7-cum-Special Judge, POCSO(II), Muzaffarpur in GR No. 80 of 2022 arising out of Kudhani P.S. Case No. 306 of 2022. By order dated 02.07.2024, he has ben sentenced to undergo RI for 20 years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer SI for two months.
3. A 16 years old girl is said to have been raped by the appellant. The occurrence had taken place on 09.06.2022. However, the victim (PW-2) got a written report lodged on 28.06.2022. The reason ascribed for such delayed lodging of the report is that she chose to file the case only after the appellant elected to make the video which he had captured of the act, viral. It was only then that the FIR was lodged.
4. The Investigator, except for recording the statement of the victim; making some efforts at finding out her age; and seizing her clothes and dispatching it
Credible evidence is essential for conviction; significant delays and investigation failures can undermine the prosecution's case.
The court affirmed that the victim's age and the nature of the crime negate any claims of consent, upholding the conviction based on sufficient evidence.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The integrity of the investigation and corroborative evidence are crucial in sexual offence cases, and any deficiencies provide grounds for the benefit of doubt to the accused.
The prosecution's failure to satisfactorily explain a 26-day delay in filing a complaint raised significant doubts regarding its credibility, necessitating the acquittal of the appellant.
The prosecution must provide credible evidence beyond reasonable doubt in sexual assault cases; inconsistencies in witness testimony and absence of corroborative evidence can lead to acquittal.
The court emphasized that delays in lodging complaints, inconsistencies in witness testimonies, and lack of corroborative medical evidence can lead to the acquittal of an accused under sexual offense....
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